Strata and Condo Law

Has Your Strata Prepared for the Marijuana Legalization?

By November 27, 2018 No Comments

Marijuana was an issue in strata’s before the legalization of marijuana, but was not as wide ranging an issue due to the fact that only medical marijuana was legal. Now, any persons can consume and grow their own marijuana.

Although it is legal, there are still restrictions and stratas have some protection against the unfettered consumption of marijuana in their stratas. Most, if not all stratas, have a bylaw that owners cannot be nuisance. This applies to not being a nuisance with smoking or consuming marijuana, and has also been applied to smoking tobacco cigarettes or e-cigarettes.

However, some stratas have gone farther and created specific bylaws that restrict smoking to specific areas (like inside a strata lot only), or banned smoking altogether in the strata plan. In response to the legalization of marijuana, some stratas are updating their bylaws to clarify where marijuana can be consumed, if at all.

The growing of marijuana is also another issue. While BC does not allow marijuana plants to be grown in places visible from public spaces, stratas may want to consider whether they should ban the growing of plants inside strata lots as well.

If your strata is considering updating its bylaws you can contact me for a free estimate or a consultation on whether your bylaws require updating, you can reach me by email, or phone: 250-762-6111.